Resolution 7589 After the Fact Conditional Use Permit 4745 North Shore

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g0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tint ��' NO. 7589 4kESH0l- A RESOLUTION APPROVING AN AFTER-THE-FACT CONDITIONAL USE PERMIT AMENDMENT ACCORDING TO MUNICIPAL ZONING CODE SECTIONS 78-916 &78-1279 FILE NO. LA25-000007 (PREVIOUS FILE LA24-000018 & RESOL. NO. 7486) WHEREAS, in July 2024, the City Council adopted Resolution No. 7486 approving a conditional use permit("CUP") to install retaining walls within the bluff and lake yard of the property addressed 4745 North Shore Drive and legally described as: That part of Lots 1, 2, and 3, Block 6, Bergquist& Wicklund's Park, Hennepin County, Minnesota, lying southerly of the southerly right-of-way line of County Road No. 19. Also That part of Lake Street as dedicated in the plat of Bergquist& Wicklund's Park, Hennepin County, Minnesota, which lies between the southwesterly extensions of the northwesterly line of Lot 3, and the southeasterly line of Lot 1, Block 6, said plat(vacated per document number A10004418) (hereinafter the "Property"); WHEREAS, during an inspection of the nearly completed project, the City's building inspector observed additional constructed walls that were not included in the scope of the approved plan; and WHEREAS, on January 30, 2025, the property owner, Matthew Michael Jasper(hereinafter the"Applicant"), applied for an after-the-fact amendment to the CUP granted via Resolution No. 7486 to the Property under Orono Municipal Zoning Code Sections 78-916 and 78-1279 to permit the additional retaining walls constructed along the shoreline and supporting new lake access stairs; and WHEREAS, on March 17, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were allowed to speak thereon; and WHEREAS, on March 17, 2025, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the application as applied directing the applicant to provide